TITLE II

THE INTEGRATED ADMINISTRATION AND CONTROL SYSTEM
CHAPTER IV

CALCULATION OF AID AND ADMINISTRATIVE PENALTIES RELATING TO DIRECT PAYMENTS SCHEMES AND RURAL DEVELOPMENT MEASURES IN THE SCOPE OF THE INTEGRATED SYSTEM
SECTION 4

Voluntary coupled support based on livestock aid applications under animal aid schemes or rural development support based on payment claims under animal-related support measures

Basis of calculation
Article 30
1.
In no case
aid or
support shall be granted for a number of animals greater than that shown
in the aid application or
in the payment claim.
2.
Animals present on the holding shall only be considered as determined if they are identified
in the aid application or
in the payment claim. Identified animals may be replaced without the loss of the right to payment of the
aid or
support, provided that the beneficiary has not yet been informed by the competent authority of a non-compliance in the
application or
claim or has not yet been given notice of the authority’s intention to carry out an on-the-spot check. Where a
relevant authority
does not make use of the possibility of having a claimless system, in accordance with the rules laid down
... on the basis of Article 78(b) of Regulation (EU) No 1306/2013, it shall ensure by any means that there are no doubts as to which animals are covered by the beneficiaries’
applications or
claims.
3.
Without prejudice to Article 31, if the number of animals declared in
an aid application or
a
payment claim exceeds that determined as a result of administrative checks or on-the-spot checks, the
aid or
support shall be calculated on the basis of the animals determined.
3a.
Where animals have been moved to other locations than those notified in accordance with point (d) of Article 21(1) of Implementing Regulation (EU) No 809/2014 during the period determined by the
relevant authority
referred to in that point, they shall be regarded as determined if an immediate localisation of those animals within the holding was made during the on-the-spot check.
4.
Where cases of non-compliances with regard to the system for the identification and registration for bovine animals are found, the following shall apply:
1. a bovine animal present on the holding which has lost one of the two ear tags shall be considered as determined provided that it is clearly and individually identified by the other elements of the system for the identification and registration of bovine animals referred to in points (b), (c) and (d) of the first paragraph of Article 3 of Regulation (EC) No 1760/2000;
2. where one single bovine animal present on the holding has lost two ear tags it shall be considered as determined provided that the animal can still be identified by the register, animal passport, database or other means laid down in Regulation (EC) No 1760/2000 and provided that the animal keeper can provide evidence that he has already taken action to remedy the situation before the announcement of the on-the-spot check;
3. where the non-compliances found relate to incorrect entries in the register, the animal passports or the computerised database for animals, but are not of relevance for the verification of the respect of the eligibility conditions
other than that referred to in Article 53(4) of Delegated Regulation (EU) No 639/2014 under the aid scheme or
under the
support measure concerned, the animal concerned shall only be considered as not determined if such incorrect entries are found during at least two checks within a period of 24 months. In all other cases the animals concerned shall be considered as not determined after the first finding.
The entries in, and notifications to, the system for the identification and registration of bovine animals may be adjusted at any time in cases of obvious errors recognised by the competent authority.
5.
An ovine or caprine animal present on the holding which has lost one ear tag shall be considered as determined provided that the animal can still be identified by a first means of identification in accordance with Article 4(2)(a) of Regulation (EC) No 21/2004 and provided that all other requirements of the system for the identification and registration of ovine and caprine animals are fulfilled.
Inserted by Commission Delegated Regulation (EU) 2016/1393 of 4 May 2016 amending Delegated Regulation (EU) No 640/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross-compliance.
Substituted by Commission Delegated Regulation (EU) 2016/1393 of 4 May 2016 amending Delegated Regulation (EU) No 640/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross-compliance.
Words in Art. 30(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(20)(a)(i); and words in Art. 30(2) substituted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(19)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 30(2) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(20)(a)(ii); and words in Art. 30(2) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(19)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 30(3a) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 15(20)(b); and words in Art. 30(3a) substituted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(19)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 30(2) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(19)(a)(ai) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(19)(b)(aa)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 30(2) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(19)(a)(bi) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(19)(b)(aa)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 30(2) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(19)(a)(ci) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(19)(b)(aa)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 30(2) omitted (31.12.2020 immediately before IP completion day) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(19)(a)(iii) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(19)(b)(bb)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 30(1) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(19)(za)(i) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(19)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 30(1) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(19)(za)(ii) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(19)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 30(3) substituted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(19)(aa)(i) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(19)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 30(3) omitted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(19)(aa)(ii) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(19)(c)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 30(4)(c) substituted (31.12.2020 for the purposes of common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring Supplementary Provisions) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/765), regs. 1, 6(19)(c) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 9(19)(d)); 2020 c. 1, Sch. 5 para. 1(1)
Arts. 30-34 omitted in so far as they relate to direct payments (E.) (1.1.2021) by virtue of The Direct Payments to Farmers (England) (Amendment) Regulations 2020 (S.I. 2020/1513), regs. 1(2), 8(8)